CACI Census Update
Scot Free | 01.02.2009 22:14 | Iraq
The Scottish government census contract with CACI, the Abu Ghraib torture contractors, has been ammended but not rescinded. Meanwhile the CACI Census rehearsal is well under way and will be completed before April. CACI are UK government approved contractors with contacts in England including data warehousing for NHS.trusts.
The Scottish government contract with CACI has been changed by John Swinney due to internal pressure. The Register General is now to own and run the IT equipment on which the full personal census database is to be stored, with a new management team overseeing it. The Register General will also chair a Census Steering Commitee. These measures are designed to minimise the role of CACI (UK) and to distance it from the personal data collected by the census.
These changes may be well motivated but can be viewed as political 'damage limitation'. The Register General should always have been responsible for the control of the census equipment and a Census Steeing Commitee will be nothing more than a talking shop if it fails to address the main concern of the awarding of government contracts to corporations responsible for war crimes. On that crucial point John Swinney is clear:
“EU procurement rules allow bidders to be excluded if they have been convicted of certain criminal or other offences but none of these apply to CACI (UK) – or indeed to it's US parent, which strongly denies the allegations of abuse of prisoners at Abu Ghraib and makes clear it's abhorrence of human rights violations. So the Register General could not legally have refused to contract with CACI (UK).”
No conviction has occurred because no prosecution has occurred. There is solid proof of the CACI crimes though in sworn military evidence though, even photographs of the CACI contactors torturing people. Just like the Spanish court trying Israelis for war-crimes commited in Gaza, it is quite within the remit of a British court to bring a case against CACI or their employees.
The government have to deal with torturers by law because the law won't prosecute corporate killers. That doesn't engender much respect for either the law or the government.
AMY GOODMAN: We’re going to turn now to another company. Blackwater is not the only private US corporation facing lawsuits for alleged abuses in Iraq. On Monday, hundreds of Iraqis held at Abu Ghraib and other Iraqi prisons filed a lawsuit against the private military contractor, CACI. The company itself calls itself CACI.
The suit alleges the Iraqis were repeatedly sodomized, threatened with rape, kept naked in their cells, subjected to electric shock, attacked by unmuzzled dogs, subjected to serious pain inflicted on sensitive body parts while being held at Abu Ghraib. The suit alleges employees of CACI directed soldiers to mistreat prisoners at Abu Ghraib and that employees of the company were involved in the wrongful deaths of three Iraqi men at Abu Ghraib.
The lawsuit was filed, once again, by Susan Burke and the Center for Constitutional Rights, joining us today in our studio, as we’ve been talking to her through the hour. Talk about this lawsuit you’ve just filed in the last day.
SUSAN BURKE: Well, this is actually a continuation of a lawsuit that we previously filed back in June of 2004. We had brought it as a class action after the leaking of the Taguba Report and after we had been approached by some of the victims of the Abu Ghraib torture.
And one thing I would point out is that this—CACI’s conduct in this instance—CACI employees were directly involved in torturing prisoners. This is information that’s known. It’s information that is known to the Department of Justice. Yet, there have not been any criminal prosecutions. So when you think about the passage of time here, you have to ask: why have there been no criminal prosecutions? It’s very troubling, and it’s very concerning that our civil action is the only current mechanism for accountability for the private participation in the Abu Ghraib scandal.
The other comment I would make is that there’s a perception that it was just the Abu Ghraib scandal and that that’s the only place where the torture occurred. You know, sadly, that’s just not true. The same type of conduct was happening elsewhere. People were being mistreated in other facilities. And again, CACI was not in all of the facilities, but they were in a substantial number, and their employees participated.
SUSAN BURKE: Well, the reality is that the information that we have is information that is under oath testimony from court-martials. And so, there are—the co-conspirators, the people that are serving time in prison, are the ones that are identifying Big Steve and DJ and the others as having given them the orders to torture. So for CACI to be—it’s interesting that CACI is so aggressive in their denials, when they know that on the record in under oath testimony is direct evidence.
AMY GOODMAN: What do you mean, court-martial testimony?
SUSAN BURKE: There were a series of court-martials, when Charles Graner was convicted, Frederick—Sergeant Frederick was convicted. And so, the testimony from the convicted torturers has labeled—
AMY GOODMAN: You’re talking about CACI directing US soldiers?
SUSAN BURKE: Yes, the CACI interrogators were placed in the role of the military intelligence.
AMY GOODMAN: Let me ask you something. We know about people like Charles Graner, who was court-martialed, who’s in jail right now.
SUSAN BURKE: Right.
AMY GOODMAN: So you’re saying that US soldiers can be held accountable, but the military contractors who do the same thing, they often are let off scot-free. This, it seems to me, will be an issue for US soldiers saying this is not fair.
SUSAN BURKE: Well, it is. And the real question here is, why have they been let off scot-free? I mean, this is conduct that was testified about in the court-martials. This is conduct that’s known to the United States government. The Department of Justice really should be criminally prosecuting all the private corporate employees that were participants in this conspiracy.
AMY GOODMAN: Talk about CACI’s role. For example, though you talk about this happening at other prisons, at Abu Ghraib, what exactly were these employees doing? Do you know individually who they are?
SUSAN BURKE: We know some and obviously hope to learn more, as we continue our investigation and continue the litigation. But what we know already comes from the investigations and the court-martials that have already gone on. And what we know is that when a CACI interrogator was placed into Abu Ghraib prison, that person held essentially the slot on the interrogation team where they were put in charge. And so, we have CACI interrogators being placed in charge of these teams.
AMY GOODMAN: You have private military contractors that US soldiers are answering to.
SUSAN BURKE: That’s correct. They had the same ability—these CACI private employees had the same ability to direct the military police vis-a-vis the treatment of the prisoners as did the military intelligence. So what you have, for example, is a gentleman, Steve Stefanowicz, and another gentleman, Daniel Johnson. Those two have been identified by Graner and Frederick and others as having been some of—among the group that would give them the orders to rough up the prisoners, to torture the prisoners. And so, Big Steve, for example—on one occasion, in fact, Graner even refused to follow one of Big Steve’s directives, because he found it too harsh. So you have—
AMY GOODMAN: What had he directed him to do?
SUSAN BURKE: It was a case in which a prisoner that had been tortured was in such pain, and the interrogator, Big Steve, said, “Don’t give him any pain medication.” And Graner was afraid that it would cause death, and he gave him the pain medication.
AMY GOODMAN: Now, you’re alleging that there were deaths that resulted.
SUSAN BURKE: The people died in prison as a result of the torture, yes.
These changes may be well motivated but can be viewed as political 'damage limitation'. The Register General should always have been responsible for the control of the census equipment and a Census Steeing Commitee will be nothing more than a talking shop if it fails to address the main concern of the awarding of government contracts to corporations responsible for war crimes. On that crucial point John Swinney is clear:
“EU procurement rules allow bidders to be excluded if they have been convicted of certain criminal or other offences but none of these apply to CACI (UK) – or indeed to it's US parent, which strongly denies the allegations of abuse of prisoners at Abu Ghraib and makes clear it's abhorrence of human rights violations. So the Register General could not legally have refused to contract with CACI (UK).”
No conviction has occurred because no prosecution has occurred. There is solid proof of the CACI crimes though in sworn military evidence though, even photographs of the CACI contactors torturing people. Just like the Spanish court trying Israelis for war-crimes commited in Gaza, it is quite within the remit of a British court to bring a case against CACI or their employees.
The government have to deal with torturers by law because the law won't prosecute corporate killers. That doesn't engender much respect for either the law or the government.
AMY GOODMAN: We’re going to turn now to another company. Blackwater is not the only private US corporation facing lawsuits for alleged abuses in Iraq. On Monday, hundreds of Iraqis held at Abu Ghraib and other Iraqi prisons filed a lawsuit against the private military contractor, CACI. The company itself calls itself CACI.
The suit alleges the Iraqis were repeatedly sodomized, threatened with rape, kept naked in their cells, subjected to electric shock, attacked by unmuzzled dogs, subjected to serious pain inflicted on sensitive body parts while being held at Abu Ghraib. The suit alleges employees of CACI directed soldiers to mistreat prisoners at Abu Ghraib and that employees of the company were involved in the wrongful deaths of three Iraqi men at Abu Ghraib.
The lawsuit was filed, once again, by Susan Burke and the Center for Constitutional Rights, joining us today in our studio, as we’ve been talking to her through the hour. Talk about this lawsuit you’ve just filed in the last day.
SUSAN BURKE: Well, this is actually a continuation of a lawsuit that we previously filed back in June of 2004. We had brought it as a class action after the leaking of the Taguba Report and after we had been approached by some of the victims of the Abu Ghraib torture.
And one thing I would point out is that this—CACI’s conduct in this instance—CACI employees were directly involved in torturing prisoners. This is information that’s known. It’s information that is known to the Department of Justice. Yet, there have not been any criminal prosecutions. So when you think about the passage of time here, you have to ask: why have there been no criminal prosecutions? It’s very troubling, and it’s very concerning that our civil action is the only current mechanism for accountability for the private participation in the Abu Ghraib scandal.
The other comment I would make is that there’s a perception that it was just the Abu Ghraib scandal and that that’s the only place where the torture occurred. You know, sadly, that’s just not true. The same type of conduct was happening elsewhere. People were being mistreated in other facilities. And again, CACI was not in all of the facilities, but they were in a substantial number, and their employees participated.
SUSAN BURKE: Well, the reality is that the information that we have is information that is under oath testimony from court-martials. And so, there are—the co-conspirators, the people that are serving time in prison, are the ones that are identifying Big Steve and DJ and the others as having given them the orders to torture. So for CACI to be—it’s interesting that CACI is so aggressive in their denials, when they know that on the record in under oath testimony is direct evidence.
AMY GOODMAN: What do you mean, court-martial testimony?
SUSAN BURKE: There were a series of court-martials, when Charles Graner was convicted, Frederick—Sergeant Frederick was convicted. And so, the testimony from the convicted torturers has labeled—
AMY GOODMAN: You’re talking about CACI directing US soldiers?
SUSAN BURKE: Yes, the CACI interrogators were placed in the role of the military intelligence.
AMY GOODMAN: Let me ask you something. We know about people like Charles Graner, who was court-martialed, who’s in jail right now.
SUSAN BURKE: Right.
AMY GOODMAN: So you’re saying that US soldiers can be held accountable, but the military contractors who do the same thing, they often are let off scot-free. This, it seems to me, will be an issue for US soldiers saying this is not fair.
SUSAN BURKE: Well, it is. And the real question here is, why have they been let off scot-free? I mean, this is conduct that was testified about in the court-martials. This is conduct that’s known to the United States government. The Department of Justice really should be criminally prosecuting all the private corporate employees that were participants in this conspiracy.
AMY GOODMAN: Talk about CACI’s role. For example, though you talk about this happening at other prisons, at Abu Ghraib, what exactly were these employees doing? Do you know individually who they are?
SUSAN BURKE: We know some and obviously hope to learn more, as we continue our investigation and continue the litigation. But what we know already comes from the investigations and the court-martials that have already gone on. And what we know is that when a CACI interrogator was placed into Abu Ghraib prison, that person held essentially the slot on the interrogation team where they were put in charge. And so, we have CACI interrogators being placed in charge of these teams.
AMY GOODMAN: You have private military contractors that US soldiers are answering to.
SUSAN BURKE: That’s correct. They had the same ability—these CACI private employees had the same ability to direct the military police vis-a-vis the treatment of the prisoners as did the military intelligence. So what you have, for example, is a gentleman, Steve Stefanowicz, and another gentleman, Daniel Johnson. Those two have been identified by Graner and Frederick and others as having been some of—among the group that would give them the orders to rough up the prisoners, to torture the prisoners. And so, Big Steve, for example—on one occasion, in fact, Graner even refused to follow one of Big Steve’s directives, because he found it too harsh. So you have—
AMY GOODMAN: What had he directed him to do?
SUSAN BURKE: It was a case in which a prisoner that had been tortured was in such pain, and the interrogator, Big Steve, said, “Don’t give him any pain medication.” And Graner was afraid that it would cause death, and he gave him the pain medication.
AMY GOODMAN: Now, you’re alleging that there were deaths that resulted.
SUSAN BURKE: The people died in prison as a result of the torture, yes.
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01.02.2009 22:36
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auth00.caci.com 204.194.73.160 204.194.73.0/24
dns1.caci.com 204.194.73.164 204.194.73.0/24
dns2.caci.com 204.194.73.168 204.194.73.0/24
dns4.caci.com 204.194.72.169 204.194.72.0/24
dns5.caci.com 204.194.79.69 204.194.79.0/24
mailserver3.caci.com 204.194.79.134 204.194.79.0/24
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CACI Limited.
CACI House, Avonmore Road, London, W14 8TS
CACI Information Services Ltd. 20 South St. Andrew Street, EDinburgh
Tel 01315570123
Fax 01315574144
dns
www.dns.co.uk
6
90 Princes St, Edinburgh, EH2 2ER
0870 085 8555
smurf
Defendant CACI International
01.02.2009 22:40
1. Emad Khudhayir Shahuth Al-Janabi, an Iraqi civilian, was imprisoned and tortured at Abu Ghraib, a prison in Iraq. He brings this tort action against those who tortured, and conspired with others to torture, him: Steven Stefanowicz, a resident of this District, CACI, and L-3 Communications (formerly Titan Corporation), both publicly-traded corporations that made millions of dollars ,el1ing the services of Stefanowicz and other employees to the United States military.
JURISDICTION AND VENUE
2. This Court has original jurisdiction over the subject matter of this action pursuant to 28 V.S.C. § 1331 (federal question); 28 V.S.C. § 1332 (diversity jurisdiction); 28 U.S.c. § 1350 (Alien Tort Statute); and 28 D.S.C. § 1367 (supplemental jurisdiction).
3. Venue is proper pursuant to 28 U.S.c. § 1391(a)(3) and § 1391(b )(2).
PARTIES
4. Plaintiff Emad Khudhayir Shahuth AI-Janabi is a 43-year old resident of Baghdad. He is an innocent Iraqi blacksmith who was badly tortured by defendants and their co-conspirators.
5. Defendant Steven Stefanowicz is an individual residing at 6124 1/2 Glen Oak St., Los Angeles, CA 90068.
6. Defendant Stefanowicz was employed by Defendant CACI as an interrogator at Abu Ghraib prison from October 2003 to February 2004. Hereinafter, he is referred to as "Big Steve," which is the nickname he used in Iraq.
7. Defendant CACI International Inc. is a publicly-traded Delaware corporation with headquarters located at 1100 North Glebe Road, Arlington, Virginia 22201. Defendant CACI Premier Technology, Inc. is a wholly-owned subsidiary and alter ego of CACI International Inc., and is also located at 1100 North Glebe Road, Arlington, Virginia 2220 l.
8. CACI received millions of dollars from the United States in exchange for providing the United States Army with services, including interrogation services.
9. Defendant L-3 Communications Titan Corporation (hereinafter "Defendant L-3") is a publicly-traded Delaware corporation with headquaIters located at 3033 Science Park Road, San Diego, California 92121. L-3 employed all the translators used by the military, including a man named Adel Nakhla.
10. L-3 received millions of dollars from the United States in exchange for providing the United States Army with services, including translation and interrogation services.
THE TORTURE OF MR. AL-JANABI
11. Mr. Al-Janabi was repeatedly and gravely tortured at Abu Ghraib pnson.
12. The events began on or about two in the morning on September 20, 2003, when persons dressed in American military uniforms and civilian clothing raided Mr. AI-Janabi's home. They began to beat Mr. Al-Janabi, his brother and his nephew. These beatings occurred in front of Mr. Al-Janabi's wife and children.
13. Along with his brother and nephew, Mr. AI-Janabi was forced from his house. His captors did not permit him to dress, instead forcing him to go out wearing nothing but his shorts. His captors placed a hood over his head, poured cold water on him, and forced him to kneel in the back of a vehicle.
14. They took Mr. Al-Janabi to a military base, and forced him into a wooden crate. There, with the hood still over his head, they interrogated him . During the interrogation, the interrogator stuck his hand inside the hood, and began to press his fingers into Mr. Al-Janabi's eyes. Mr. Al-Janabi screamed in agony, as the interrogator, speaking through an L-3 translator, threatened to claw 9ut his eyes. Mr. AI-J anabi has visible scars from this torture.
15. After this torture, three persons began to slam Mr. AI-Janabi into a wall until he became unconscious.
16. After Mr. Al-Janabi regained consciousness, he was dragged (still hooded and wearing nothing but his shorts) across stones and dirt. His captors, again speaking through an L-3 translator, told him he was going to be executed along with his brother and nephew. Mr. Al-Janabi then heard two gunshots fired immediately next to him. Believing his brother and nephew to have been executed, and believing himself to be the next one to be executed, he began to say the al shahada, the Islamic prayer said immediately before death.
17. As he lay on the ground hooded and fearing imminent execution, a helicopter hovered immediately above him. An L-3 translator threatened Mr. AllJanabi, stating that he had to provide information or he wo~ld be crushed by the helicopter. Mr. Al-Janabi could hear other victims screaming for mercy.
18. After the helicopter left, Mr. AI-Janabi heard a mechanized vehicle. The same L-3 translator threatened Mr. Al-Janabi again, stating that a tank was going to run over him.
19. Thereafter, Mr. A1-Janabi was taken to a building. He was snipped naked, and threatened with rape. He was photographed completely naked. After being photographed naked, his hands and legs were chained and a hood was placed on his head. He was placed on a cement floor, still naked. He passed out from the pain.
20. When Mr. Al-Janabi regained consciousness, he was brought to an interrogation room. In the room, there was an interrogator and an L-3 translator. The interrogator, through the L-3 translator, said "welcome to Guantanamo." The interrogator told Mr. Al-Janabi that he had been sentenced to execution. The interrogator told Mr. Al-Janabi that if he cooperated, then his wife would not be brought to the prison and his family would be given a stipend after his execution.
21. After many hours of interrogation, Mr. Al-Janabi was placed in a cell now known to be in the section of the Abu Ghraib prison called the "hard site."
22. On or about October 2,2003, the International Committee of the Red Cross ("Red Cross") conducted a surprise inspection 3:nd found Mr. Al-Janabi in the hard site cell, naked and cuffed. The Red Cross worker observed the bruises from the beatings, and told Mr. AI-Janabi that he was in the Abu Ghraib prison, not Guantanamo. She told Mr. AI-Janabi that he did not have a prisoner number, and that he was in grave danger as a result, She said that he could have been killed if she had not found him, and she gave him a Red Cross number on a card. She also had Mr. Al-Janabi write a letter to his family, which was eventually delivered to them five months later.
23. After this initial visit from the Red Cross, Mr. AI-Janabi never again was permitted to see the Red Cross. Mr. AI-Janabi's Red Cross card was taken away from him, and the torture continued. Whenever a Red Cross visit was scheduled, he and other prisoners were taken out of their cells, chained together, hooded, and hidden away in another part of the prison.
24. Mr. AI-Janabi was kept naked and hand-cuffed in his celL
25. Mr. Al-Janabi was repeatedly chained in painful positions.
26. Mr. Al-Janabi was repeatedly hung by his arms from the bed frame and from the cell bars so that his feet could not touch the ground.
27. On one occasion, Mr. AI-Janabi was hung upside down, with his fee chained to the steel slats of the top bunkbed. He was kept hanging until he lost consciousness.
28. Mr. Al-Janabi was placed naked in a pyramid with other prisoners.
29. Mr. AI-Janabi was subjected to having his penis repeatedly pulled.
30. Mr. Al-Janabi was repeatedly punched and slammed into walls.
31. Mr. Al-Janabi was struck with a baton-like instrument and beaten.
32. Mr. AI-Janabi was deprived of food.
33. Mr. AI-Janabi was deprived of sleep for extended periods of time.
34. Mr. Al-Janabi was subjected to unbearably loud music for extended periods of time.
35. Mr. Al-Janabi was threatened with dogs.
36. Mr. AI-Janabi was subjected to sensory deprivation.
37/ Mr. AI-Janabi was repeatedly forced to crawl naked along the rough cement floor) do push ups and other physical activity to the point of exhaustion.
38. Mr. Al-Janabi was kept imprisoned in the hard site cell for approximately 48 days. Afterwards) he was released into a different part of the prison. After being held for more than ten months in prison, Mr. AI-Janabi was released in July 2004 without being charged with any crime.
THE TORTURE CONSPIRACY
39. Although Mr. Al-Janabi was often hooded when he was being interrogated and tortured, and he was never told the names of his torturers, certain facts about the "hard site') torture are known.
40. The facts known to date show that Big Steve, other CACI employees (e.g. "DJ" Johnson and Tim Dugan), and L-3 employees (e.g. Adel Nakhla), conspired with military personnel to torture prisoners kept at the Abu Ghraib hard site.
41. Sworn and unsworn testimony from military personnel who participated in the torture establish that Big Steve was one of the interrogators who most frequently directed that certain prisoners be tortured in certain ways.
42. Big Steve and other corporate employees instigated, directed, participated in, aided and abetted conduct towards prisoners that clearly violated the Geneva Conventions, the Army Field Manual, and the laws of the United States.
43. Reasonable discovery will establish that Big Steve and his co-conspirators attempted to avoid detection by treating Mr. Al-Janabi as a "ghost detainee." That term was the conspiracy's code word for those prisoners who were never recorded as having been detained. The conspiracy intentionally failed to record Mr. AI-Janabi as detained at Abu Ghraib in order to try to prevent the Red Cross from visiting with him and learning of the torture.
44. Reasonable discovery will establish that Big Steve repeatedly conspired with military personnel to give Mr. AI-Janabi the "special treatment," which was code for torture of the type endured by Mr. Al-Janabi in the hard site.
45. Reasonable discovery will establish that Big Steve repeatedly conspired with military personnel to deprive WIT. AI-Janabi of sleep, strip him naked, and chain him to the cells bars or bedframes in painful positions for extended periods of time, including on one occasion upside down.
46. The acts of Big Steve and other CACI employees constitute acts of CAC!. CACI conveyed its intent to join the conspiracy by making a series of verbal statements and by engaging in a series of criminal acts of torture alongside and in conjunction with several co-conspirators.
47. CACI's motivation was wholly financial-- it made millions of dollars as a result of keeping quiet about and participating in the conspiracy to torture and mistreat Mr. Al-Janabi and other prisoners.
48. Big Steve was not the only corporate employee involved in the hard site torture. L-3 translators, including Adel Nakhla, participated at every step along the way, translating threats and in some instances assisting with the physical torture of hard site victims.
49. The acts of Adel Nakwa and other L-3 translators constitute acts of L-3. L-3 conveyed its intent to join the conspiracy by making a series of verbal statements and by engaging in a series of criminal acts of torture alongside and in conjunction with several co-conspirators.
50. L-3's motivation was wholly financial-- it made millions of dollars as a result of keeping quiet about and participating in the conspiracy to torture and mistreat Mr. AI-Janabi and other prisoners.
CACI AND L-3 COULD HAVE PREVENTED AND STOPPED THEIR EMPLOYEES BIG STEVE AND ADEL NAKHLA FROM TORTURING MR. AL~JANABI
51. Big Steve worked for CACI Premier Technology. CACI Premier Technology is an alter ego of CACI International Inc., not a separate fully- capitalized business governed and controlled by independent executives with full autonomy. CACI International Inc. wholly owns and controls CACI Premier Technology, and operates CACI Premier Technology as one of its corporate divisions. CACI International Inc. executives controlled how and whether CAC! Premier Technology did business in Iraq.
52. CACI has admitted that it had the ability to control, direct and influence the actions performed by Big Steve and their other employees. CACI had the ability to prevent Big Steve and the other employees from torturing Mr. AI-Janabi.
53. Adel Nakhla worked for L-3, as did the other translators who threatened Mr. AI-Janabi with death, rape, and the arrest of his wife. L-3's Adel Nakhla has confessed to government officials that he participated in torturing hard site prisoners.
54. L-3 had the ability to control, direct and influence the actions taken by their employees who directly participated in the torture of prisoners. L-3 had the ability to prevent Nakhla and the other translators from torturing prisoners.
55. CACI and L-3 at all times were obliged by the terms of its contract to supervise their employees such as Big Steve and Nakhla.
56. CACI and L-3 at an times retained the ability to stop their Big Steve, Nakhla and other employees from torturing Mr. Al-Janabi.
57. CACI and L-3 are responsible for the actions taken by their employees towards Mr. Al-Janabi.
DEFENDANTS AND THEIR CO-CONSPIRATORS TOOK STEPS TO COVER UP THE SCOPE AND EXTENT OF TORTURE
58. To date, the "investigations" of the events at Abu Ghraib have failed to include the fundamental step of interviewing the hard site victims.
59. Reasonable discovery will establish that, in addition to participating in the actual physical and mental abuse of the plaintiff, Big Steve, other CACI employees (including but not limited to DJ Johnson and Tim Dugan), Adel Nakla and other L-3 employees participated in other conspiratorial misconduct, including, but not limited to:
(a) destroying documents, videos, and photographs,
(b) preventing the reporting of the torture and abuse to non-conspiring authorities, the International Red Cross and the media,
(c) hiding plaintiff and other prisoners from the International Red Cross, and
(d) misleading non-conspiring military and government officials about the state of affairs at the prisons.
CACI IS ENGAGED IN ONGOING EFFORTS TO COVER UP THE TORTURE
60. CACI has been an ongoing part of this conspiratorial campaign to prevent the truth about the torture, and CACI's participation, from ever being known to the public.
61. CACI embarked upon a campaign of intimidation to suppress any coverage or investigation of their role in the conspiracy. CACI repeatedly had its lawyers send letters threatening legal action to reporters who were considering reporting on CACI's role in the torture and mistreatment of prisoners.
62. As part of this campaign of intimidation, CACI brought a frivolous lawsuit against a radio station. CACI lost the lawsuit.
63. Reasonable discovery will establish that CACI did not anticipate being able to prevail in the lawsuit, but rather brought it in order to intimidate media members who otherwise would have reported more fully on CACI's role in the torture.
64. CACI has repeatedly made, and continues to make, knowingly false statements to the effect that none of its employees was involved in torturing prisoners. In fact, co-conspirators have admitted that Big Steve and several other corporate employees were involved in the torture.
65. CACI's former Chief Executive Officer has written a book called Our Good Name, claiming that CACI has conducted a thorough investigation, and found none of its employees at fault. Based on the description of the investigation found in this book, it appears that CACI's view of a "thorough investigation" is an investigation that fails to include any interviews of the Iraqi torture victims.
66. Nor does the "thorough investigation" include interviews with the CACI employee Torin Nelson, who blew the whistle on the misconduct of his colleagues.
67. The book falsely claims that the publicly-released photographs of torture at Abu Ghraib do not show any CACI employees. In fact, there is a photograph of DJ Johnson interrogating a prisoner in a dangerous and harmful stress position not authorized by the relevant military regulations governing interrogation.
68. Reasonable discovery will establish that CACI consulted with one or more of its co-conspirators during the preparation of this book. Reasonable discovery will establish that Big Steve remains in contact with one or more of the co-conspirators.
DEFENDENTS KNEW THAT THEIR TORTURE OF PRISONERS VIOLATED THE LAWS OF THE UNITED STATES
69. Big Steve, CACI, and L-3 intentionally and knowingly agreed to and did work in concert with the co-conspirators. To the extent that any particular act was perpetrated by a co-conspirator, Big Steve, CACI and L-3 confirmed and ratified the same.
70. Defendants knew that the conspiracy to torture would harm plaintiff.
71. CACI and L-3 earned millions of dollars in revenues as a result of participating in the ongoing conspiracy.
72. CACI and L-3 invested the financial fruits of the conspiracy in their ongoing operations.
73. Big Steve, CACI, and L-3 knew that military officials were prohibited from torturing prisoners by the Army Field Manual and other controlling law, and that any military officials who were doing so were violating the law.
74. Big Steve, CACI, and L-3··knew that the United States government has denounced the use of torture and other cruel, inhuman or degrading treatment at all times. Big Steve, CACI and L-3 knew that it was illegal for them to participate in, instigate, direct, or aid and abet the torture of plaintiff and other prisoners.
75. For example, in its Initial Report to the United Nations Committee Against Torture, the United States Department of State noted that, "torture is prohibited by law throughout the United States. It is categorically denounced as a matter of policy and as a tool of state authority. . . . No official of the government, federal, state or local, civilian or military is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form." US Department of State: Initial Report of the United States of America to the UN Committee Against Torture, introduction (1999). The State Department's Report on Human Rights Practices characterized the following as prohibited forms of torture: repeated slapping, exposure to cold, stripping and blindfolding, food arid sleep deprivation, threats to detainees or family members, dripping water on the head, squeezing of ~he testicles, threats of executions, and sexual humiliation.
76. Big Steve, CACI, and L-3 knew that the ban on torture is absolute and no exigent circumstances permit the use of torture.
77. Big Steve, CACI, and L-3 knew that the United States intended and required that any person acting under the contract to the United States would conduct themselves in accord with the relevant domestic and international laws.
78. Big Steve, CACI and L-3 knew and understood that the United States does not condone torture of prisoners.
79. Defendants cannot credibly claim that the wrongful and criminal conduct of certain military and government personnel misled them into thinking that the torture of prisoners was lawful and permissible.
THE CORPORATE DEFENDANTS ACTED NEGLIGENTLY
80. CACI acted negligently and wrongfully by failing to prevent Big Steve and other employees from engaging in foreseeable and predictable wrongful acts.
81. L-3 acted negligently and wrongfully by failing to prevent Adel Nakhla and other employees assigned to Iraqi detention centers from engaging in foreseeable and predictable wrongful acts.
82. CACI and L-3 acted negligently and wrongfully by failing to discipline those who engaged in wrongful acts in Iraq.
83. CACI and L-3 acted negligently and wrongfully by failing to take due care in hiring employees being deployed to Iraq.
84. CACI and L-3 acted negligently and wrongfully by failing to train their employees.
85. CACI and L-3 acted negligently and wrongfully by failing to supervise adequately their employees. CACI admitted on its web site that CACI employees in Iraq work under "minimal supervision." L-3 has likewise admitted that it failed to supervise its employees.
86. CACI and L-3 acted negligently and wrongfully by failing to investigate and report accusations of wrongdoing committed and witnessed by their employees and agents.
87. CACI and L-3 profited financially from their negligent misconduct.
The United States paid CACI and L-3 millions of dollars in exchange for their contractual promises to provide services in a lawful manner.
88. Instead of providing those services in a lawful manner, CACI and L- 3 failed to ensure that their employees and agents abided by the contract terms and in accord with the Geneva Conventions.
89. Big Steve, CACI and L-3 injured Plaintiff and harmed the reputation of the United States throughout the world.
90. Plaintiff seeks compensatory and punitive da11!ages in an amount far
in excess of the jurisdictional amount set forth in 28 U.S.c. § 1332 ($75,000).
91. Plaintiff seeks any and all additional remedies (such as attorneys' fees) available under law.
COUNT ONE TORTURE
92. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
93. Defendants' acts and omissions were deliberate and intentional.
Defendants acted purposefully to punish, intimidate, discriminate and to obtain information from Plaintiff, who was in their physical custody and control.
94. The acts committed by Defendants and their agents constitute torture in violation of the law of nations. The acts of torture committed against Plaintiff include, among other things, beatings, forced nudity, deaththreats, withholding of food, water and necessary medical care, and intentional exposure to extremes of heat and cold. The acts, done by Defendants working under contract with the United States, directly contradicted the United States' express policy against torture.
95. Defendants' misconduct caused grave and foreseeable injuries to
Plaintiff.
COUNT TWO
CIVIL CONSPIRACY TO TORTURE
96. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
97. Defendants agreed with each other and others to participate in a series of unlawful acts.
98. Each Defendant perfonned one or more overt acts pursuant to and in furtherance of the common scheme.
99. Defendants are liable for torture because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to torture Plaintiff.
100. Defendants' knowing participation in the conspiracy caused grave and foreseeable damages to Plaintiff.
COUNT THREE
AIDING AND ABETTING TORTURE
101. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
102. Defendants knowingly and substantially assisted others in torturing Plaintiff.
103. Defendants are liable for the torture because they aided and abetted others who were torturing Plaintiff.
104. Defendants' substantial assistance caused grave and foreseeable damages to Plaintiff.
COUNT FOUR
CRUEL, INHUMAN OR DEGRADING TREATMENT
105. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
106. The acts described herein had the intent and the effect of causing serious mental and physical pain and suffering to Plaintiff, grossly humiliating and debasing the Plaintiff, and forcing him to act against his will and conscience, inciting fear and anguish and breaking his physical or moral resistance.
107. Defendants set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to subject Plaintiff to cruel, inhuman or degrading treatment.
108. Defendants are liable for their conduct that led to the cruel, inhuman and degrading treatment of Plaintiff.
109. Defendants' misconduct caused grave and foreseeable injuries to
COUNT FIVE
CIVIL CONSPIRACY TO TREAT PLAINTIFF LN A CRUEL, INHUMAN OR DEGRADING MANNER
110. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
111. Defendants agreed with each other and others to participate in a series of unlawful acts.
112. Each Defendant performed one or more overt acts pursuant to and in furtherance of the common scheme.
113. Defendants are liable for the cruel, inhuman and degrading treatment of Plaintiff because they because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to so treat Plaintiff.
114. Defendants' knowing participation in the conspiracy caused grave and foreseeable damages to Plaintiff.
COUNT SIX AIDING AND ABETTING
CRUEL, INHUMAN AND DEGRADING TREATMENT
115. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
116. Defendants knowingly and substantially assisted others in treating Plaintiff in a cruel, inhuman and degrading manner.
117. Defendants are liable for the injuries caused by the cruel, inhuman and degrading treatment because they substantially aided and abetted others in so treating Plaintiff.
118. Defendants' knowing and substantial assistance to others caused grave and foreseeable damages to Plaintiff.
COUNT SEVEN WAR CRIMES
119. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
120. Defendants' acts were deliberate, willful, intentional, wanton, malicious and oppressive and constitute grave breaches of the Geneva Conventions and war crimes. These acts included torture, cruel, inhuman and degrading treatment, and willfully causing great suffering and serious bodily injury to Plaintiff.
121. Defendants' acts took place during a period of armed conflict, in connection with hostilities.
122. Defendants set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to commit war crimes against Plaintiff.
123. Defendants are liable for their conduct that constitutes war crimes.
124. Defendants' misconduct caused grave and foreseeable injuries to Plaintiff.
COUNT EIGHT
CIVIL CONSPIRACY TO COMMIT WAR CRIMES
125. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
126. Defendants agreed with each other and others to paliicipate in a series of unlawful acts.
127. Each Defendant performed 'one or more overt acts pursuant to and in furtherance of the common scheme.
128. Defendants are liable for war crimes against Plaintiff because they because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to commit war crimes against Plaintiff.
129. Defendants' knowing participation in the conspiracy caused grave and foreseeable damages to Plaintiff.
COUNT NINE
AIDING AND ABETTING COMMISSION OF WAR CRIMES
130. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
131. Defendants knowingly and substantially assisted others in committing war crimes against Plaintiff.
132. Defendants are liable for the injuries caused by the war crimes because they substantially aided and abetted others in committing war crimes , against Plaintiff.
133. Defendants' knowing and substantial assistance to others in the commission of war crimes caused grave and foreseeable damages to Plaintiff.
COUNT TEN ASSAULT AND BATTERY
134. All preceding paragraphs are hereby incorporated by reference as if I fully set forth herein.
135. Defendants unlawfully intended to and did inflict immediate injury
136. Defendants intentionally assaulted, battered and made other offensive contacts; and aided and abetted the assaulting and battering and offensively contacting, of the Plaintiff.
137. Plaintiff did not consent to the offensive contacts. Plaintiff feared his personal safety and felt threatened by Defendants' actions.
138. Defendants set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to commit the assaults and batteries.
139. Defendants' acts caused grave and foreseeable damages to Plaintiff.
COUNT ELEVEN
CIVIL CONSPIRACY TO ASSAULT AND BATTER
140. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
141. Defendants agreed with each other and others to participate in a series of unlawful acts.
142. Each Defendant performed one or more overt acts pursuant to and in furtherance of the common scheme.
143. Defendants are liable for the assaults and batteries against Plaintiff because they because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to commit the assaults and batteries.
144. Defendants' knowing participation in the conspiracy to assault and batter caused grave and foreseeable damages to Plaintiff.
COUNT TWELVE AIDING AND ABETTING ASSAULTS AND BATTERIES
145. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
146. Defendants knowingly and substantially assisted others in assaulting and battering Plaintiff.
147. Defendants are liable for the injuries caused because they substantially aided and abetted others in assaulting and battering Plaintiff.
148. Defendants' knowing and substantial assistance to others caused grave and foreseeable damages to Plaintiff.
COUNT THIRTEEN SEXUAL ASSAULT AND BATTERY
149. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
150. Plaintiff was sexually assaulted and battered by Defendants and their co-conspirators.
151. Defendants intended to, and did, cause offensive sexual contacts with intimate parts of Plaintiff. Defendants acted to cause Plaintiff imminent apprehension ofham1ful and offensive contact with his intimate parts.
152. Plaintiff did not consent to the contacts. Plaintiff feared for his personal safety and felt threatened by Defendants' actions.
153. Defendants set the conditions, directly and indirectly facilitated,
ordered, acquiesced, confirmed, ratified and conspired with others to sexually assault and batter Plaintiff.
154. Defendants' act caused grave and foreseeable damages to Plaintiff.
COUNT FOURTEEN
CIVIL CONSPIRACY TO SEXUALLY ASSAULT AND BATTER
155. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
156. Defendants agreed with each other and others to participate in a series of unlawful acts.
157. Each Defendant performed one or more overt acts pursuant to and in furtherance of the common scheme.
158. Defendants are liable for the sexual assaults and batteries against Plaintiff because they because they set the conditions, directly and indirectly 'facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to sexually assault and batter Plaintiff.
159. Defendants' knowing participation in the conspiracy caused grave and foreseeable damages to Plaintiff.
COUNT FIFTEEN
AIDING AND ABETTING SEXUAL ASSAULTS AND BATTERIES
160. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
161. Defendants knowingly and substantially assisted others in sexually assaulting Plaintiff.
162. Defendants are liable for the injuries caused by the crimes because they substantially aided and abetted others in sexually assaulting and battering Plaintiff.
163. Defendants' knowing and substantial assistance to others caused grave and foreseeable damages to Plaintiff.
COUNT SIXTEEN
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
164. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
165. Defendants intentionally inflicted severe emotional distress by way of extreme and outrageous conduct on Plaintiff. Defendants intended or recklessly disregarded the probability of Plaintiff suffering emotional distress when directing offensive conduct toward Plaintiff or carrying out offensive conduct while aware of Plaintiff s presence.
166. Defendants set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to inflict emotional distress on Plaintiff.
167. Defendants' acts caused grave and foreseeable injuries to Plaintiff.
COUNT SEVENTEEN
CIVIL CONSPIRACY TO INFLICT EMOTIONAL DISTRESS
168. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
169. Defendants agreed with each other and others to participate in a series of unlawful acts.
170. Each Defendant performed one or more overt acts pursuant to and in furtherance of the common scheme.
171. Defendants are liable for intentional infliction of emotional distress on Plaintiff because they because they set the conditions, directly and indirectly facilitated, ordered, acquiesced, confirmed, ratified and conspired with others to inflict emotional distress on Plaintiff.
172. Defendants' knowing participation in the conspiracy to inflict intentionally emotional distress caused grave and foreseeable damages to Plaintiff.
COUNT EIGHTEEN AIDING AND ABETTING
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
173. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
174. Defendants knowingly and substantially assisted others in intentionally inflicting emotional distress upon Plaintiff.
175. Defendants are liable for the injuries caused by the intentional infliction of emotional distress because they substantially aided and abetted others in causing the emotional distress to Plaintiff.
176. Defendants' knowing and substantial assistance to others caused grave and foreseeable damages to Plaintiff.
COUNT NINETEEN - AGAINST THE CORPORATE DEFENDANTS NEGLIGENT HIRING AND SUPERVISION
177. All preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
178. Defendants acted negligently and directly hanned Plaintiff by taking or failing to take one or more of the following steps:
(a) failing to take the appropriate steps in hiring proper personnel to perform servIces;
(b) failing to screen properly personnel before their hiring;
(c) failing to train personnel or subsidiary personnel properly to perform services in a legal fashion;
(d) failing to investigate allegations of torture and abuse carried out by their subsidiaries or their employees;
(e) failing to report to the government allegations of torture and abuse carried out and witnessed by their agents
(f) failing to adequately supervise and discipline their employees, and
(g) negligently setting the conditions that facilitated the abuse.
179. The negligence of CACI and L-3 directly and foreseeably harmed Plaintiff.
COUNT TWENTY -
AGAINST THE CORPORATE DEFENDANTS NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
180. An preceding paragraphs are hereby incorporated by reference as if fully set forth herein.
181. Defendants negligently inflicted severe emotional distress on Plaintiff.
182. Defendants had a duty to Plaintiff, which they breached.
183. The negligence of CACI and L-3 directly and foreseeably harmed Plaintiff.
psi-judge anderson
Refuse to take part in the census!
02.02.2009 00:24
The answer is simple:
REFUSE to take part in the census and write to the head of the General Records Office of Scotland to tell him why...
"I am not taking part in the census because I would be handing my personal data to a UK subsidiary of an American company which has been involved in torture at Abu Gharib..."
objector
More options for protest
02.02.2009 11:27
My problem is that CACI is allowed to bid for any government contracts, and I've informed my local MSP that I'll go to prison rather than cooperate with the census.
The real census is a couple of years away but the dress rehearsal is happening just now, and for the next two months, in Edinburgh West and Lewis. If the rehearsal is scuppered then the census contract could be reallocated. One way to scupper it is if enough people refuse to take part or provide false information, both legal during the rehearal. So for profession you could write 'Not a CACI torturer'. This approach is difficult given that the local newspapers haven't mentioned any negative press about the census and it is a large number of households to inform quickly enough. So writing to the local press, leafletting, blocks and demos are all worth trying to raise awareness.
Another way is a campaign of direct action against the census takers, bearing in mind the people at your door are just temporary employees and not actual torturers. A virtual form of protest may be possible against the online collection of data which is being trialled, but their security sub-contractors look quite good so standard physical protest seems more likely to succeed.
The most difficult option is the only real solution, to have CACI charged in a criminal court of law for the abuse in Abu Ghraib. The court case charges listed about is a civil case since the Dept of Justice refuse to prosecute US contractors in Iraq for any crime. British, Spanish or Belgian prosecutors do have the jurisdiction to charge CACI and may be persuaded that this is necessary. I am going to file a report of specific sample CACI crimes at my local police station this week, more in hope than expectation. I will also try to write to the various foriegn judges who have taken legal action against foriegn war criminals in the past ecouraging them to do so in this case.
WD40